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Questions Answered by David Kennedy Bifulco
2 Answers | Asked in Consumer Law, Civil Litigation and Collections for Pennsylvania on
Q: I received a call from a courier saying that i had certified mail from someone and gave me a phone # and case ID #. So,

I called and they said that I owed money to Wells Fargo regarding an account at Wachovia 30 years ago, I think. They said that they could take me to court so what once was $300 of outstanding debt, give or take, is now $4000 with penalties and fees and lawyers fees. But they will settle for $1200.... Read more »

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answered on Nov 1, 2022

Barry is correct. Sounds like a scam. The Statute of Limitations for debt collection cases is normally 4 years, unless the instrument (usually a mortgage note), is signed under seal and then the Statute of Limitations is 20 years

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3 Answers | Asked in Real Estate Law and Collections for Pennsylvania on
Q: if a home had a heloc loan on it from 03, and was never paid and the deed was given to me can the 3rd party foreclose?

my grandparents had a loan on the house before they passed. left the house to my aunt, no one wants the house. the original loan was with a bank that was taken over by another bank. the loan was 10,000. a third party took the loan pennies on a dollar and 2020 and now want 26,900, my aunt... Read more »

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answered on Nov 1, 2022

Without more information I can't give you a complete answer. There are several options depending on what the documents say. You should contact an experienced Real Estate/Foreclosure attorney to go over the documents and provide you with possible solutions.

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: Hi my fiance passed away with no will in 2018. His mother and I want to resume the mortgage. We haven't paid on it in 2

Years. And I executer relieved foreclosure papers today. If we want the house to be in both of our names what do I have to pay in taxes and is it split considering his mom is heir? What are the taxes based off of? What assessment does it come out of if none has been done since 13

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answered on Sep 29, 2022

You said you have been served a foreclosure action. You have to respond to this Court Action as soon as possible. You have 20 days to object to the complaint and 30 days to file an answer and new matter. If you fail to respond properly the Bank attorney can file for a default judgment. If... Read more »

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2 Answers | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: PA LAW: Can proper service of a valid Act 91 Notice be deemed if it is not sent to the Last Known Address?

35 Pa. Stat. § 1680.403c(a) “Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at this or her last known address the notice provided in subsection”

12 Pa. Code § 31.203(a)(6)(i) "The notice shall be sent to the last known address of all... Read more »

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answered on Sep 20, 2022

A challenge to the proper service/receipt of the ACT 91 Notice is point of contention in most foreclosure actions that are being defended. These challenges are very fact specific and the Courts want the Defendant to show certain things in order for them to prevail. The reason for this is that... Read more »

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2 Answers | Asked in Collections for Pennsylvania on
Q: Can I be sued because my payments aren’t high enough for the collection agent?

I have been making monthly payments since June of 2020. Never missed a payment. Now they are suing me because my payments aren’t high enough. They said I have to agree to an amount I can’t afford or take my chances in court and hung up on me.

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answered on Oct 4, 2022

Always get the payment agreement in writing. This is important because accounts are often sold and if you have an agreement with one company and it isn't in writing you won't be able to hold the next company to the same agreement.

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1 Answer | Asked in Family Law, Foreclosure and Real Estate Law for Pennsylvania on
Q: I asked a previous question regarding domestic violence and being kicked out of my home. I now live in my grandmothers

Home, that I cared for for years but had to go to a nursing home and she had a reverse mortgage on the home and is now in foreclosure and so I will need to find a place to live or buy the property at forclosure? Is that my only option?

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answered on Sep 6, 2022

There are specific rules regarding the purchase/repayment of the reverse mortgage by a family member. If the reason for the foreclosure is that your Grandmother is in a Nursing Home the contract should have provisions that cover this situation. It could be dependent on her status and whether it... Read more »

1 Answer | Asked in Consumer Law and Collections for Pennsylvania on
Q: I got a call from a debt collector and told them to stop calling me. They said they'd only do so for a 30 Day period.

Does this violate the FDCPA

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answered on Aug 28, 2022

They are telling you that they are accepting your verbal request for verification of debt. Within that 30 days they will likely mail you a copy of verification of debt. After they provide you with the required information they may or may not give you a follow-up call. They may start litigation... Read more »

1 Answer | Asked in Foreclosure for Pennsylvania on
Q: Bought a residential foreclosure what form do I use to evict after I have served a notice to quit in Pa
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answered on Jun 27, 2022

In Pennsylvania when you buy a foreclosure property and either the former owner or the former owner's tenant has possession of the property you have to file an "Action in Ejectment". This is filed in the Court of Common Pleas unlike a regular Landlord Tenant case which is filed with... Read more »

1 Answer | Asked in Contracts and Collections for Pennsylvania on
Q: Can I revoke Limited Power of Atty with Asset recovery company? They stopped answering questions once I signed.

The tax borough told me they could hold the funds up to three years. I went to them in February 2022 with a notarized letter requesting my funds. They told me they needed it in order to release my funds. The tax borough said check back in a year! I received a letter from this Asset recovery firm... Read more »

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answered on Jun 16, 2022

Sounds like you may have been scammed. If I understand correctly this Asset Recovery company had you agree to have the check sent to them so they could cash it and take their fee. You should speak with an attorney and have the agreements and paperwork reviewed. You may be fine, but it also may... Read more »

1 Answer | Asked in Foreclosure and Real Estate Law for Pennsylvania on
Q: On the deed never on the mortgage Per conversation when the mortgage was signed in 2002 with the attorney Russo Russo …

I was added to deed 2003 per the conversation at the closing then the mortgage went to BOA because Ditech went out of business they went bankrupt, but the original note and mortgage was never paid off it was just a mortgage assigned and it in the deed followed, for some reason in the bankruptcy... Read more »

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answered on Jun 16, 2022

You have a lot of issues in your inquiry. Without seeing the docket and gathering more information it is not possible to give you an answer. You should contact an experienced foreclosure defense attorney to go over your legal rights.

1 Answer | Asked in Contracts, Family Law, Collections and Small Claims for Pennsylvania on
Q: I have power of attorney to someone.Who refuses to repay me?

I covered all thr expenses while they wer incarcerated including paying for power of attorney lawyer. They now are working and refuse to repay me

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answered on Jun 16, 2022

Without more information it is not possible to answer your question. You should contact an attorney that is experienced in collections and provide the attorney with all the details to get an answer to your questions.

2 Answers | Asked in Estate Planning, Collections and Probate for Pennsylvania on
Q: My father recently passed, resided in PA and had no assets and or no estate He did have over $30,000 of sole-owed debt.

Funeral expenses will be paid by family members. He had less than $250 in the bank, and once Social Security re-claims the pro-rated portion of his monthly benefit paid at the beginning of the month, there will be insufficient funds. There is no life insurance, property, vehicle, etc. Can the... Read more »

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answered on Jun 2, 2022

I am sorry for your loss. Since your Father had no assets and no Estate needs to be raised for probate you are under no obligation to contact the creditors and I would advise against it. An unscrupulous creditor could use you or a family members information to attempt to intimidate you into... Read more »

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2 Answers | Asked in Consumer Law and Collections for Pennsylvania on
Q: A collector that has been previously removed from my credit report keeps re-appearing as new account(s). What to do?

I’ve never received a notice from this collector or the original biller, I’ve disputed them on my credit and had them removed. They return to my report the next month as a new account. This has happened for 15 accounts now from the same single visit to original biller over four years ago. Is... Read more »

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answered on May 31, 2022

You should contact a local consumer credit attorney to review your credit report and the information you have on the account being reported. An unpaid account can remain on your credit report for 7 years. If you dispute the account and they validate it with the credit reporting agency it will... Read more »

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